UAW files unfair labor practice against Caterpillar over smoking ban

Friday

May 30, 2008 at 12:01 AMMay 30, 2008 at 11:08 PM

Caterpillar Inc.’s decision to ban smoking on all of its U.S. properties beginning Sunday, including on its manufacturing campuses, goes against guarantees in the company’s contract with the United Auto Workers, the union says.

Paul Gordon

Caterpillar Inc.’s decision to ban smoking on all of its U.S. properties beginning Sunday, including on its manufacturing campuses, goes against guarantees in the company’s contract with the United Auto Workers, the union says.

The union, through Local 974 in East Peoria, has filed an unfair labor practice charge against the company, contending the ban should be subjected to collective bargaining.

Smoking at Caterpillar, the union said, has been a contractual privilege for 60 years.

Caterpillar, meanwhile, is taking seriously rumors that UAW-represented workers may strike Monday because of the smoking ban decision — something Local 974 officials do not encourage, said union bargaining chairman Bill Scott.

"We are not encouraging any work stoppage. We’ve heard the same rumors, but we have a ‘no strike, no lockout’ clause in our contract with the company so we are discouraging people from walking out," Scott said.

"We frankly don’t know what’s going to happen."

In a prepared statement, Dan Day, manager of corporate labor relations for Caterpillar, said: "It would be unfortunate and disappointing if some employees decide to strike over the company’s decision to prohibit smoking on Caterpillar campuses. Caterpillar cares about the health of its employees and wants to ensure that everyone who works on or visits Caterpillar property has access to the healthiest and safest work environment possible.

"Employees represented by the United Auto Workers who are unhappy with this policy have initiated the grievance procedure. We are cooperating with the UAW to address those grievances in the manner previously agreed to for such disputes."

Day said the union has assured Caterpillar any strike would not be authorized by the UAW. Citing the "no strike" clause in the contract, he said that "employees who may decide to strike are in breach of that prohibition. Our facilities will remain open and operational and employees are expected to report to work to produce the equipment our customers depend on us to deliver."

It was late last fall that Caterpillar first said it would ban smoking on its campuses, after the Smoke-Free Illinois Act that prohibits smoking in public places and workplaces was approved by the state legislature. That act took effect Jan. 1.

But it wasn’t until May 9, Scott said, that the company set a date for the ban to take effect.

"The verbiage used in previous communications said the company was committed to ‘work toward a campuswide smoke free environment by June 1.’ That led us to believe the company was prepared to bargain with us about it. Then on May 9 it said that ‘beginning June 1, Caterpillar will go completely smoke free,’" Scott said.

"That was the first time a date was set in stone, and that’s why we didn’t file the unfair labor practice charge until May 15."

The charge is still in the investigation stage by the National Labor Relations Board, he added.

"This is not a smoking issue for the union. It’s a contract issue, an issue of the employer refusing to bargain in good faith. That is why we filed the charge," Scott said.

The contract issue is clause 16.9 in the central bargaining agreement between Caterpillar and the UAW that covers Caterpillar hourly workers nationwide. In place since the first contract was reached between the two in 1948, it says, "Employees shall be allowed on-the-job smoking privileges except in designated restricted areas, which areas will be plainly marked."

The union, Scott said, has no issue with the statewide ban on smoking inside the factories because that is state law. Its members, he said, have complied with it by smoking outside and at least 15 feet from doors, as dictated by the law.

Scott said the union did not know how many of its active members are smokers, but he added that the company, based on its own health coverage surveys, estimated that 10 percent to 20 percent of its hourly workers smoke.

Caterpillar, he added, has expressed concerns to him about the strike rumors. "The best way to avoid it is to not enforce this ban until we bargain on it," Scott said.

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